[HISTORY: Adopted by the Board of Trustees of the Village of Round Lake 11-15-2006 by L.L. No. 5-2006. Amendments noted where applicable.]
Editor's Note: This local law also superseded L.L. No. 3-1995, adopted 7-17-1995.
The intent of this chapter is to control the running at large of dogs and to minimize other obnoxious animal behavior which may be a nuisance to residents of the Village.
As used in this chapter, the following terms shall have the meanings indicated:
- ANIMAL CONTROL OFFICER
- A person appointed by the Village Board to assist in the enforcement of the Agriculture and Markets Law generally and to enforce the provisions of this chapter. There may be more than one Animal Control Officer.
- AT LARGE
- The condition of an animal of being unleashed and on property open to the public, or on private property not owned or leased by the owner of the animal, unless permission for such unleashed condition has been obtained.
- A. No animal shall be deemed to be "at large" if it is:
- (1) Accompanied by and under the immediate supervision and control of the owner or other responsible person.
- (2) A police work dog being used for police work.
- (3) Accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting with the consent of the landowner.
- B. Whether or not accompanied by its owner or another responsible person, any animal on property open to the public, or on private property not owned or leased by the owner of the animal, which injures another person; threatens to injure another person in a manner which would frighten a reasonable person; or injures another person's property (including another animal), is "at large."
- Any person who owns, harbors or keeps an animal.
- SERIOUS PERSONAL INJURY
- Physical injury which creates a substantial risk of death, or which causes death, serious and protracted disfigurement, scarring, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
It shall be unlawful and a violation of this chapter for any owner of or any person harboring any dog to permit or allow such dog to:
Run at large or be restrained by a nonretractable leash of more than six feet in length or a retractable leash of more than 16 feet. For the purpose of this chapter, a dog or dogs hunting in company with a hunter or hunters with the permission of the landowner shall be considered as accompanied by its owner.
Engage in habitual loud barking, whining or howling or to conduct itself in such a manner as to repeatedly annoy any person other than the owner. As used herein, the word "habitual" shall be defined as a dog barking, whining or howling for repeated intervals of at least five minutes with less than three minutes of interruption, which can be heard by any person, including a law enforcement officer or animal control officer, from a location outside of the owner's or caretaker's premises.
Cause damage or destruction to property or to commit a nuisance upon the premises of a person other than the owner. The nuisance contemplated by this section shall include noxious odors emanating from any premises upon which any dog is harbored, which habitually annoy any person other than the owner.
Chase or otherwise harass any person peaceably conducting himself in any place where such person may lawfully be in such a manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury.
Habitually chase or bark at motor vehicles and/or bicyclists.
Cause serious personal injury to a person or domestic animal.
Excused behavior. It shall be a defense to a prosecution under this chapter if the injury or damage caused by such dog was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog.
To bring such dog to any public function at which fireworks will be a part of the function.
It shall be unlawful for any owner of or any person harboring a cat to permit or allow such cat while in the Village of Round Lake to:
Cause serious personal injury to a person or domestic animal.
Spray or to defecate in such a way as to cause annoyance to any person other than the owner or person harboring such cat.
Cause damage or destruction to property or to commit a nuisance upon the premises of a person other than the owner or person harboring such cat.
The owner of an animal, whether it is tagged or not tagged or licensed, shall be responsible for removing and cleaning any waste or excrement deposited by said animal upon public or private property not belonging to the owner. All such waste and excrement shall be removed and cleaned by placement in a plastic or metal container and thereafter discarded in the same manner as garbage and refuse are to be discarded to avoid the waste and bacteria from being washed into storm drains or roadside ditches.
The owner of an animal shall provide such animal with adequate and wholesome food and water, adequate shelter and protection from inclement weather, and adequate veterinary care, including all legally required shots and vaccinations.
No person shall confine an animal in an unattended, enclosed vehicle when the outside temperature is 70° F. or more unless the interior of the vehicle is provided with conditioned air maintaining an internal temperature of 80° F. or less.
The Animal Control Officer or other officer shall have the authority to remove any animal found in an enclosed vehicle when he deems that there is a risk that such animal is suffering excess heat or cold or lack of oxygen.
The owner of an animal shall remove and properly dispose of such animal within 24 hours of such animal's death.
The owner of a female animal in heat shall confine such animal during such period.
If a violation of this chapter results in a personal injury and/or property damage, the violator shall be strictly liable for all such injuries or damages, including consequential damages.
The Animal Control Officer, to be designated by the Village Board of the Village of Round Lake as provided by § 114 of the Agriculture and Markets Law, may enforce the provisions of this chapter or of the Agriculture and Markets Law and may also investigate and report to a Town Justice of the Town of Malta any dangerous dog, as described in § 121 of the Agriculture and Markets Law, and may enforce orders of the Village Justice issued pursuant to such section.
A violation of this chapter shall be a violation. Any subsequent violation of this chapter shall be a Class B misdemeanor.
Any person convicted of a violation of this chapter shall be subject to a fine in an amount not to exceed $250, imprisonment for a term not exceeding 15 days, or both. This provision relating to fines may be amended by the Village Board of the Village of Round Lake by resolution.
An animal may be seized, pursuant to the provisions of § 118 of the Agriculture and Markets Law, for violation of this chapter.
Every animal seized shall be properly care for, sheltered, fed and watered pursuant to § 118 of the Agriculture and Markets Law for a redemption period of not less than five days.
Seized animals may be redeemed by producing proof of licensing and identification pursuant to the provisions of Article 7 of the Agriculture and Markets Law and by paying the impoundment fees set forth in § 118 of said article and in § 83-10 of this chapter.
Any animal unredeemed at the expiration of the appropriate redemption period shall be made available for adoption or euthanized pursuant to the provisions of § 118 of the Agriculture and Markets Law.
In the event that the Village of Round Lake has, either directly or from a third party (including, but not limited to, the Saratoga County Animal Shelter), taken into its care and custody an animal subject to this chapter due to or following a violation of the requirements of this chapter, the Village of Round Lake shall be entitled to collect from the owner of such animal any out-of-pocket expenses incurred by the Village, including any veterinary or kenneling costs, on behalf of such animal. At the discretion of the Animal Control Officer, the Village may refuse to return such animal to the owner until and unless the animal is redeemed by the owner by payment of such costs and expenses and may, if payment is refused, have the animal held at a public or private kennel or the Saratoga County Animal Shelter at the owner's expense, or if the owner refuses to redeem the animal from the Village, have made available for adoption or euthanized pursuant to the provisions of and to the extent provided by, § 118 of the Agriculture and Markets Law.